GLRC 40 — Concession of '[Government] rights to trees in case of settlements completed before the passing of this Act.

Gujarat Land Revenue Code, 1879

Statutory text

In villages, or portions of villages, of which the original survey settlement has been completed before the passing of this Act, the right of '[the '[Government]] to all trees in unalienated land, except trees reserved by '[the '[Government]] or by any survey officer, whether by express order made at or about the time of such settlement, or under any rule, or general order in force at the time of such settlement, or by notification made and published at or at any time after, such settlement, shall be deemed to have been, conceded to the occupant. But in the case of settlement completed before the passing of 'Bombay Act I of 1865 this provision shall not apply to teak, black-wood or shandal-wood trees. The right of '[the '[Government] to such trees shall not be deemed to have been conceded, except by clear and express words to that effect.

In the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of this Act, the right of '[the '[Government]] to all trees in unalienated land shall be deemed to be conceded to the occupant of such land except in so far as any such rights may be reserved by '[the '[Government],]or by any survey officer on behalf of '[the '[Government]], either expressly at or about the time of such settlement, or generally by notification made and published at any time previous to the completion of the survey settlement of the district in which such village or portion of a village is situate.

When permission to occupy land has been, or shall hereafter be, granted after the completion of the survey settlement of the village or portion of a village of which such land is situate the said permission shall be deemed, to include the concession of the right of '[the '[Government]] to all trees growing on that land which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved, under any of the foregoing provisions of this section, at or about the time of the original survey settlement of the said vaillage or portion of a village.

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